Terms & AUP for Dedicated Servers & VPS
Last Updated : April 19, 2015
Dedicated Server/Dedicated Services/VPS Terms
Use of our service, whether directly or indirectly, constitutes your acceptance of these terms and agreement to abide by them. We reserve the right to amend or adjust these terms at any time. Your continued use of our services constitutes your acceptance of any changes we make. These terms are non-negotiable:
- All orders must include your real name, address, phone number and email address. Providing false information may result in immediate termination of all your accounts without refund. Clients are limited to one account. Opening multiple accounts will result in termination without refund.
- Orders are deployed in the order in which they are received.
- Payment is expected at the time the order is placed. Failure to complete payment will result in the order being discarded by our system.
- Your renewal date is automatically adjusted to the date your server is put online.
- We deploy servers during business days only (Monday through Friday). Servers are not deployed on Saturday or Sunday.
- Failure to make payment within 48 hours of the disconnection will result in your service being terminated and a termination fee of $10 assessed against your account. Terminated services data is erased and non recoverable.
- Due to the nature of our industry and the costs involved with provisioning and maintaining your service, we do not offer refunds or pro-rated refunds.
- Billing is month-on-month. So, We do not offer refunds.
- Invoices are generated 15 days before the date they are due. Email reminders are sent at 15 days, 7 days and 1 day before the due date via email. If your account is set up on auto billing, your payment method will be charged on the due date.
- All invoices are e-mailed and are available in your account panel. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues.
- If your payment is declined or you fail to submit payment by the invoice due date, your service will be disconnected at midnight the day after the due date and your account will be assessed a $15 late fee
- Failure to make payment within 48 hours of the disconnection will result in your service being terminated and a termination fee of $10 assessed against your account.
- A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer’s favor will receive account credit for over payment. If any chargebacks occur on your credit card or PayPal account we reserve the right to terminate all service and recycle your server(s) without notice.
- Your monthly bandwidth allotment is calculated based off your upstream plus downstream traffic. Bandwidth overages will be charged $.02 per GB.
- One free manual OS reload is allowed per billing period. Each additional OS reload will incure a $25 fee.
- To avoid cancellation fees and termination fees, you may cancel your own service through your account panel at any time before the invoice due date. Your server is removed and recycled within 24 hours. Once you have cancelled your own server, that server cannot be put back online.
- Failure to cancel your service before the due date will result in the service renewing automatically and you will be charged for an additional full month of service.
- Support is available 24/7/365.
- Support is by ticket system only. This ensures that communication can be tracked and documented.
- Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services.
- Swearing, threats and other abusive language will not be tolerated and may result in account termination without refund.
Service Level Agreement (SLA):
- We anticipate our services to be available 99.99% of the time.
- A service disruption occurs when your server is completely offline for more than 15 minutes due to a fault in our networking or power infrastructure.
- Disruptions caused by the hardware or software of the server itself it not covered by this SLA.
- Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
- Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.
- In the event that there is an unplanned service disruption, you may open a support ticket and request an account credit to be issued for the prorated amount for the time of the disruption. For example: If you pay $60 per month for your server and it is unavailable for 1 day (during a 30 day month) due to an unplanned outage, you can request a account credit for $2.
- You are responsible for any abusive traffic coming from or going to your server whether or not it was knowingly or directly caused by you. You are responsible for all your users and/or customers actions while using our service.
- We do not participate in any government mass collection of data. If this provision disappears you will know we have been involuntarily compelled to take part in such a program.
- Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue.
- Pornography and sex-related merchandising are permitted provided it is legal in the city of Kansas City, the state of Missouri and the country of the United States of America. This includes sites that may infer sexual content, or links to pornography elsewhere. Nude “art” is permitted.
- You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
- IRC websites and IRC servers are not allowed.
- Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.
- You may not upload ROMs and Emulators.
- You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.
- Mass email marketing servers and Unsolicited bulk e-mail (UCE) are prohibited.
- Spam is not allowed, and you may not reference our company in any unsolicited email that you send.
- Anyone caught SPAMMING or violating our Acceptable Use Policy may be terminated without warning and with no refund.
- You must contact us prior to installing a CDN within our infrastructure. “Shared Resource” CDN’s are strictly prohibited.
- You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and it’s use available to law enforcement with or without your consent or knowledge.
- You are solely and fully responsible for the contents of your account. Any and all repercussions will be borne solely by you as the account holder.
- In no event will our company be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use our services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
- We are not liable for any damage or loss of data due to insufficient cooling, heating, bandwidth or acts of God. This includes colocation or dedicated servers.
- We reserve the right to restrict any account to PayPal only payments or terminate any account without warning, notice, or refund if any of the above restrictions are violated and to examine the contents of any account at any time.
- All services are unmanaged. Our 24 hour on site staff will respond to tickets regarding server hardware issues. Clients are required to manage all software aspects of the server including operating system configuration beyond a base OS install.
AUP for Dedicated Servers/VPS
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Kak Infotech. If you engage in any of the activities prohibited by this AUP document Kak Infotech may suspend or terminate your account.
Kak Infotech’s Acceptable Use Policy (the “Policy”) for Kak Infotech Services is designed to help protect Kak Infotech, Kak Infotech’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Kak Infotech. Kak Infotech reserves the right to modify the Policy at any time.
Prohibited Uses of KakInfotech, Systems and Services in KakNetwork:
- Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Kak Infotech’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Kak Infotech’s servers, is prohibited. Kak Infotech accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Kak Infotech customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Kak Infotech-hosted domain, or referencing any Kak Infotech account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks, stress testing, or port scanning.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
- Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Kak Infotech customers or end-users by any means or device.
- Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Kak Infotech network or on another provider’s network.
- Using Kak Infotech’s Services to interfere with the use of the Kak Infotech network by other customers or authorized users.
- Forging or modifying the source IP address within the header of IP packets originating from your service. e.g. Spoofing
Customer Responsibility for Customer’s Users
Each Kak Infotech customer is responsible for the activities of its users and, by accepting service from Kak Infotech, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Kak Infotech customer will be forwarded to the Kak Infotech customer’s postmaster for action. If violations of the Kak Infotech Acceptable Use Policy occur, Kak Infotech reserves the right to terminate services with or take action to stop the offending customer from violating Kak Infotech’s AUP as Kak Infotech deems appropriate, without notice.